Minutes for 2009-12-15, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, December 15, 2009 - 10:00 a.m.
Commission Chambers, 2380 Washington Blvd., Ogden, Utah
In accordance with the requirements of Utah Code Annotated Section 52-4-7(1)(d), the County Clerk records in the minutes the names of all citizens who appear and speak at a County Commission meeting and the substance “in brief” of their comments. Such statements may include opinion or purported facts. The County does not verify the accuracy or truth of any statement but includes it as part of the record pursuant to state law.Commissioners: Craig L. Dearden, Chair, Jan M. Zogmaister, and Kenneth A. Bischoff.
Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Dearden
B. Pledge of Allegiance - Justin Morris
C. Thought of the Day - Chair Dearden
D. Consent Items:
1. Purchase Orders in the amount of $385,023.51
2. Ratify Warrants #256808-256965 in the amount of $628,042.43, dated December 8, 2009
3. Warrants #256966-257143 in the amount of $567,395.69
4. Minutes for the meeting held on December 1, 2009
5. New business licenses
6. New beer licenses
7. Approve the Tax Review recommendations for the following parcels/account numbers:09-523-0009; 03-139-0101; 107818
Commissioner Zogmaister moved to approve the minutes for the meeting held December 1, 2009; Bischoff Commissioner seconded, all voting aye.
E. Action Items:
1. First reading of an ordinance to prohibit parking on public streets within the Weber Industrial Park
Ron Kusina, Executive Director of the Weber County Redevelopment Agency, stated that historically the protective covenants in the Weber Industrial Park has banned parking on the streets of the park. As the park was growing the street parking was not such a problem, however, space is not as available now and a few companies have voiced concerns to Mr. Kusina. They have difficulty getting in/out of their company driveways, particularly large truck traffic, and in the winter months it impedes snow removal.
Commissioner Zogmaister moved to approve the first reading of an ordinance of the Board of Commissioners of Weber County to prohibit parking on public streets within the Weber Industrial Park; Commissioner Bischoff seconded, all voting aye.
2. Resolution appointing members to the Liberty Cemetery Board - Resolution 37-2009
Chair Dearden stated that there were three positions to fill.
Commissioner Bischoff moved to adopt Resolution 37-2009 of the Board of Commissioners of Weber County appointing Karen Bailey, Erin Taggart and Tym Dickson to the Liberty Cemetery Maintenance District; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
3. Resolution designating Weber County a recovery zone for purposes of the American Recovery and Reinvestment Act of 2009 - Resolution 38-2009
Chair Dearden stated that funds were designated by the federal government under the American Recovery and Reinvestment Act (ARRA) for government and private enterprise. Funding for the county is based upon certain factors such as unemployment and home foreclosures and the county needs to adopt this resolution in order to receive the funds. Commissioner Zogmaister noted that this item had been presented to Weber Area Council of Governments in order to notify the cities because they may know more about the interests and developments within own communities. The county is waiting for them to respond with letters of intent.
Commissioner Bischoff moved to adopt Resolution 38-2009 of the Board of Commissioners of Weber County designating Weber County a recovery zone for purposes of the American Recovery and Reinvestment Act of 2009; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
4. Resolution adopting the Operating and Capital Budget of Weber County for the 2010 calendar year and declaring the County’s intent to pick up a certain percentage of members’ contribution to the Utah State Retirement System - Resolution 39-2009
On behalf of the Clerk/Auditor’s Office, Eric Barrett, of the County Clerk/Auditor’s Office, thanked all the county departments and elected officials for their help and cooperation on this budget, which had been a difficult issue. The county budget process begin with a deficit and departments had to make serious cuts.
A public hearing was held on 11/24/2009 to review the details of the tentative budget. Mr. Barrett presented the significant changes made since that time. It was noticed that in the tentative budget the retirement rates had been budgeted for a full year but the State will not implement those until 7/1 and that adjustment was made to the budget; costs were reduced in the Municipal Services Fund for the Sheriff and the Roads departments; the Commission approved an increase in the transient room tax to 4.25% in the Tourism Fund to allow for capital improvements to the Ogden Eccles Conference Center; a meritorious pay increase was included for county employees based upon job performance to be awarded on anniversary dates. With these changes, the General Fund will use approximately $1.2 million of the fund balance, which is about 9%.
Commissioner Bischoff moved to adopt Resolution 39-2009 of the Board of Commissioners of Weber County adopting the Operating and Capital Budget of Weber County for the 2010 calendar year and declaring the County’s intent to pick up a certain percentage of members’ contribution to the Utah State Retirement System; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
5. Contract with Washington Terrace City to provide animal control and shelter services to Washington Terrace - Contract C2009-187
Weber County Sheriff Brad Slater presented this contract with a term through 6/30/2010. Chair Dearden asked if the fees had increased and Sheriff Slater responded that there had been an increase on the sheltering fees based upon the number of past animals from the city. The Sheriff explained that these animal contract terms were on a year to year basis while the animal shelter expansion issue was being addressed.
Commissioner Zogmaister moved to approve Contract C2009-187 with Washington Terrace City for animal control and shelter services to Washington Terrace; Bischoff Commissioner seconded, all voting aye.
6. Contract with Washington Terrace City to provide law enforcement services to the Washington Terrace - Resolution 40-2009, Contract C2009-188
Weber County Sheriff Brad Slater stated that this contract was different from when it commenced in 2006 because the deputy unit rate has increased somewhat and the need to accommodate the reduction of staff.
Commissioner Bischoff moved to adopt Resolution 40-2009 approving Contract C2009-188 with Washington Terrace City to provide law enforcement services to Washington Terrace City; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
7. Contract with McKool Smith P.C. to aide in the litigation of tax recovery from on-line booking companies - Contract C2009-189
Monette Hurtado, Deputy County Attorney, noted that the county hired McKool Smith, a Texas firm, to represent the county against online booking companies for tax recovery. McKool desired to hire an in-State firm, Howard Lewis and Peterson (from Utah County), to represent all of the Utah jurisdictions that are involved in order to have a local presence. There is no cost to the county and McKool agrees to split any of the recovery costs derived from the on-line booking companies in the litigation. Ms. Hurtado addressed Commissioner Zogmaister’s question by listing the State of Utah counties that are either involved or are considering getting involved. Chair Dearden noted that if no money was recovered, there would be no payment by the county.
Commissioner Bischoff moved to approve Contract C2009-189 with McKool Smith to aide in the litigation of tax recovery form on-line booking companies; Commissioner Zogmaister seconded, all voting aye.
8. Contract with Huntsville Town for survey services - Contract C2009-190
Ernest Rowley, County Recorder/Surveyor, stated that this was a renewal contract. The county provides survey services and subdivision review on submitted plats. The city had already signed the contract.
Commissioner Bischoff moved to approve Contract C2009-190 with Huntsville Town for survey services; Commissioner Zogmaister seconded, all voting aye.
9. Request for approval of a resolution to open two new bank accounts for short-term investment purposes
This item was held.
10. Request for variance to the Subdivision Ordinance to allow an additional 1-year time extension of final approval for The Reserve at Crimson Ridge Cluster Subdivision Phase 2
Scott Mendoza, County Planning Division, stated that this subdivision was located at 985 North Highway 158. In November 2007 the Ogden Valley Planning Commission granted the developer a recommendation for final approval. On 11/2008 the developer went before the Planning Commission again to request approval of a revised phasing plan, which combined phases 2 and 3 into one phase. Phase 1 has been recorded. They received approval for the revised phasing plan and approval for a 1-year extension (through 11/2009). The subdivision ordinance allows only one time extension.
The developer went into foreclosure and the bank has taken over the project. About three weeks ago the new applicant went before the Planning Commission to request a variance to the Subdivision Ordinance. Mr. Mendoza read Section 26-1-1 of the ordinance, which states that the County Commission can vary the standard where unusual topographical or other exceptional conditions exist. He said that staff and the Planning Commission agreed that there was an existing topographical condition–a deep drainage that comes down from the mountain. The county has adopted the Sensitive Lands Ordinance since the project received preliminary approval, which imposes a 50 ft. setback from the high water mark of the stream. This stream impacts four of the lots in this project and the county would like to have some time to review the buildable area and ensure there is ample room. The other exceptional condition is that the Bank of the West is a very recent owner. The Planning Commission and Planning staff recommended denying their request for another full year but to approve a 6-month extension because the County Engineers Office agrees that the project could be finalized and that they can record within six months. Scott Buehler of Van Cott Bagley Cornwall & McArthy, representing Bank of the West, contacted Mr. Mendoza to say that the depth of the snow may be slowing the process.
Mr. Buehler today stated that Mr. Mendoza had aptly explained the circumstances that the bank is confronting and noted that the original application was for one year but they were appreciative of the 6-month extension and would work with the time the Commission gave them. He said that representatives from Reed & Associates, a consultant with the bank, and the Vice President of the bank, were present to address any questions. Mr. Buehler stated that there may be minimal work onsite. The bank has been working closely with the county to get the plans in place for phase 2 and finish the improvements in phase 1, and is anxious to get this project completed.
Mr. Mendoza addressed Commissioner Zogmaister’s question stating that the original request was for one year and he believes that the bank wants to move forward and complete the project. Based upon information from the reviews and discussions with County Engineering, county staff thinks they can do it within six months. During the Planning Commission meeting the petitioner had asked for two additional months. The Planning Commission had no problem with that and said that the two additional months may be warranted and the County Commission may grant them. Commissioner Zogmaister noted that the winter season should be considered.
Commissioner Bischoff moved to grant an additional extension running from January 1 through June 30, 2010; Commissioner Zogmaister seconded, all voting aye.
11. Ratify a contract with Utah Hispanic Match Racing for horse racing on the dates of November 15 and 29, 2009 at the Golden Spike Event Center - Contract C2009-191
Jim Harvey, GSEC, presented this standard contract.
Commissioner Bischoff moved to approve Contract C2009-191 with Utah Hispanic Match Racing for horse racing on the dates of November 15 and 29, 2009 at the Golden Spike Event Center; Commissioner Zogmaister seconded, all voting aye.
12. Contract with Broken Heart Rodeo for New Years Bull Riding at the Golden Spike Event Center - Contract C2009-192
Jim Harvey, GSEC, presented this standard contract.
Commissioner Zogmaister moved to approve Contract C2009-192 with Broken Heart Rodeo for New Years Bull Riding at the Golden Spike Event Center; Commissioner Bischoff seconded, all voting aye.
13. Ratify a contract with Five Chute Productions for an Rocky Mountain Pro Rodeo Association Event on November 20-21, 2009 at the Golden Spike Event Center - Contract C2009-193
14. Approval of the following contracts with Five Chute Productions for the Rocky Mountain Pro Rodeo Association Professional Rodeo Series to be held at the Golden Spike Event Center on the following dates:
January 22-23, 2010 - Contract C2009-194
February 26-27, 2010 - Contract C2009-195
March 19-20, 2010 - Contract C2009-196
Jim Harvey, GSEC, presented these contracts.
Commissioner Bischoff moved to ratify Contract C2009-193 and approve Contracts C2009-194 through 196 with Five Chute Productions for Rocky Mountain Pro Rodeo Association events for the listed dates at the Golden Spike Event Center; Commissioner Zogmaister seconded, all voting aye.
15. Contract with Jordan World Productions for the Jordan World Circus to be held on January 29-30, 2010 at the Golden Spike Event Center - Contract C2009-197
Jim Harvey, GSEC, presented this contract.
Commissioner Zogmaister moved to approve Contract C2009-197 with Jordan World Productions for the Jordan World Circus to be held on January 29-30, 2010 at the Golden Spike Event Center; Commissioner Bischoff seconded, all voting aye.
16. Approval of the following contracts with Utah Gun Collectors Association for Gun Show and Sales at the Golden Spike Event Center on the following dates:
January 8-10, 2010 - Contract C2009-198
March 12-14, 2010 - Contract C2009-199
October 8-10, 2010 - Contract C2009-200
January 7-9, 2011 - Contract C2009-201
March 4-6, 2011 - Contract C2009-202
October 7-9, 2011 - Contract C2009-203
Jim Harvey, GSEC, presented these contracts.
Commissioner Bischoff moved to approve Contracts C2009-198 through 203 with Utah Gun Collectors Association for gun show and sales at the Golden Spike Event Center for the listed dates; Commissioner Zogmaister seconded, all voting aye.
17. Ratification of a contract by/among Weber County and Wasatch Slopes, Beehive, Skyline, Bear River, Golden Spike Chariot Racing Association for weekly chariot races beginning December 12, 2009 and ending February 6, 2010 at the Golden Spike Event Center - Contract C2009-204
Jim Harvey, GSEC, presented this contract.
Commissioner Zogmaister moved to ratify Contract C2009-204 by ratifying the 12/12/2009 contract date and to continue the season by/among Weber County and Wasatch Slopes, Beehive, Skyline, Bear River, Golden Spike Chariot Racing Association for weekly chariot races beginning 12/12/2009 and ending 2/6/2010 at the Golden Spike Event Center; Commissioner Bischoff seconded, all voting aye.
18. Contract with Traders’ Row for a fur trade era vending space at Fort Buenaventura from January 1, 2010 to December 31, 2010 - Contract C2009-205
Jennifer Graham, Recreation Facilities Director, presented this contract.
Commissioner Zogmaister moved to approve Contract C2009-205 with Traders’ Row for a fur trade era vending space at Fort Buenaventura from January 1, 2010 to December 31, 2010; Commissioner Bischoff seconded, all voting aye.
19. Contract with Utah Nordic Alliance/Ogden Nordic to groom cross county track/course at North Fork Park for winter season - Contract C2009-206
Jennifer Graham, Recreation Facilities Director, stated that this agreement had been in place for the last 5-6 years. Utah Nordic had been granted a snow CAT through the RAMP grant process. They collect fees and conduct sponsorships to help cover their costs and in return they groom the trails a few times/week and provide all equipment maintenance, fuel and volunteer hours. Chair Dearden noted that it was a great partnership and that he received emails from trail users who rave about how well it is maintained. Ms. Graham noted the man hours stating that the county could not afford to have someone do that four times/week. Commissioner Bischoff said that it was a gem for the county and a beautiful area.
Commissioner Bischoff moved to approve Contract C2009-206 with Utah Nordic Alliance/Ogden Nordic to groom cross county track/course at North Fork Park for the 2009-2010 winter season; Commissioner Zogmaister seconded, all voting aye.
20. Approval of the following indigent contracts (public defender):
A. Martin Gravis - Contract C2009-207
B. Jim Retallick - Contract C2009-208
C. Steve Laker - Contract C2009-209
D. Ryan Bushell - Contract C2009-210
E. Randy Marshall - Contract C2009-211
F. Sean Young - Contract C2009-212
G. Jeff Bisseger - Contract C2009-213
H. Jennifer Clark - Contract C2009-214
I. Gary Barr - Contract C2009-215
J. Sharon Sipes - Contract C2009-216
K. John Pace - Contract C2009-217
L. Carol Mortenson - Contract C2009-218
M. Randy Richards - Contract C2009-219
N. Samuel Newton - Contract C2009-220
Brad Dee, Human Resources Department Director, stated that there were 16 contracts with attorneys who will provide indigent defense in Weber County. Mr. Dee and David Wilson, Deputy County Attorney, had been meeting with Michael Bouwhis, Indigent Defense Coordinator, who selected those attorneys, who will handle both the adult and juvenile court. He stated that this process is a substantial savings over the past method of indigent defense. Chair Dearden thanked Mr. Wilson and Mr. Dee for their work on this stating that it would provide a good service to those in need and the courts. Mr. Wilson outlined a couple of minor changes made to the contracts such as clarification in the liability provisions suggested by Mr. Bouwhis that limits their exposure to their conduct under this agreement. Mr. Wilson expressed thanks to Mr. Bouwhis for all his help.
21. Investigator contract with Mike Stewart - Contract C2009-221
Brad Dee, Human Resources Department Director, stated that an investigator had been working with indigent defense and Mr. Bouwhis was very pleased with that position and would like to contract with Mr. Stewart to act as the investigator for the indigent defense.
Commissioner Zogmaister moved to approve indigent defense contracts C2009-2007 through C2009-220 and C2009-221, investigator contract with Mike Stewart; Commissioner Bischoff seconded, all voting aye.
22. Interlocal Agreement with Ogden City for Paramedic Services - Contract C2009-222
Brad Dee, Human Resources Department Director, stated that the county had a contract with Ogden City to provide paramedic services in several parts of Weber County. The county negotiates with the City annually.
In past years the county had allowed some increase (between 1-3% depending on personnel costs), however, for the past couple of years no increase was negotiated and this contract includes no increase.
Commissioner Bischoff moved to approve Contract C2009-222, Interlocal Agreement with Ogden City for paramedic services; Commissioner Zogmaister seconded, all voting aye.
F. Public Hearing:
1Commissioner Bischoff moved to adjourn the public meeting and convene the public hearing; Commissioner Zogmaister seconded, all voting aye..
2. Public hearing to consider a seasonal trail closure at Powder Mountain
Nate Pierce, County Operations Department Director, presented the request from Powder Mountain for a seasonal trail closure. In 1972 160 acres at the top of Wolf Creek Canyon, commonly known as the County Wolf Creek property, was donated to the county by Alvin/June Cobabe in partial consideration for the county’s construction of an access road to the Powder Mountain Ski Resort (“resort”). In addition to the deed for that property, there was a deed given to the county for a 30 foot right-of-way which followed the old roadway. Mr. Pierce referred to the map in the commissioners’ packets indicating a trail there which follows the old existing roadway during that time. Subsequently, the landowners have gone in and re-plowed a good portion of that road and widen it with the intent, as noted in their letter, of providing some backcountry skiing for clients of the resort, and as part of that, the resort asked that the county consider a seasonal trail closure of its easement there in order to accommodate their activities in the winter. He said that there were resort representatives present and a number of others who have used that trail extensively who may wish to make some comments.
Gregg Greer, of Powder Mountain, stated that they planned to do limited touring in this canyon within their property boundaries this year and recognized that with the county’s property in this area there was potential for some dangerous conditions, including collisions by people traveling up the trail with skiers coming down the trail, and that they will conduct avalanche mitigation in the area. Problems that have existed in this canyon for years include unauthorized skiers entering the area, getting lost and/or injured, and others who see the tracks and may follow with the potential to get lost. Mr. Greer said that they had thought it best to close access during December through the middle of April to prevent dangerous conditions and the potential for liability. He noted that resort representatives were present who could address questions.
Chair Dearden asked Mr. Greer that when they planned to conduct tours if they planned to utilize the trail and he responded that they did and had widened it in anticipation of taking paid guided groups from up above and exiting the area along this trail, which is where he foresaw potential for dangerous conditions. The resort also intended to offer limited back-country access to paying guests who agreed to certain conditions. Commissioner Zogmaister asked if the increased risk was coming from the proposed guided tours, because they were changing how they were using the property, and Mr. Greer said that was correct–the way they were using their property increased the risk to the public who may be traveling the trail and also avalanche work that will be going on above or the skiers above on the ridge line as they exited along the trail. He showed topographical maps showing the slide paths and where the trail crosses under the slide paths. From what Mr. Greer showed, Chair Dearden asked if there would be concern not only for the public utilizing the trail but also for their tours that would be skiing in certain areas. Mr. Greer responded that the concern was for the people below. They would be skiing areas that are potential for avalanches. Commissioner Zogmaister asked that if they were to move ahead with their proposal that road would be closed to the public and only be used by the resort. Mr. Greer said that it would be closed to uphill traffic, that the public would be able to enter there after agreeing to do so under those conditions, but not to hike up and back down the road. Mr. Greer said that people wanted to treat the entire area as public land and skied without authorization. Commissioner Bischoff noted that what he was saying was that the only ones using it would be those that purchased a ski pass and if he considered that an expert skier area. Mr. Greer responded that was correct. Commissioner Bischoff asked how many people he estimated would go through there and if he thought signage indicating traffic coming up that trail would be adequate. Mr. Greer guessed it would not be a lot–perhaps 50-100/week and signage would assist with the potential for collisions but not mitigate the problem of people down in the canyon during avalanche control. Commissioner Bischoff asked why the resort could not manage that as other areas do during avalanche control and Mr. Greer said that a problem they have experienced over the years is people who will ski this area illegally under the pretense they are traveling to the public property and this proposal would take away that pretense.
Chair Dearden asked how enforcement would be handled and Mr. Greer said that people want to treat the area as if it is all public property and the resort has potential liability and they wanted people to purchase a pass. Commissioner Zogmaister asked if he knew how many times Search & Rescue had been called to this area and Mr. Greer said that traditionally the resort is not in there to patrol or to do avalanche control but plan to start this year by roping the entire ridge and placing four entry gates. Commissioner Zogmaister said that from calls and emails she received that many of those individuals utilizing that trail are not the back-country skiers but are snowshoeing, cross-country skiing, etc., and she asked if it was utilized for that also and Mr. Greer replied it was. She then noted that this proposed closure would limit those activities and those people would not be applying for a back-country touring pass since that was not their intended use, but they would not have access to the 160 acres of public land. Mr. Greer wanted to work on creating another access on the opposite side of the canyon in the future.
Roger Arave, Snow Safety Director, outlined problems that included people dropping in from the top of Powder Mountain saying they were accessing the county property but skiing Powder Mountain’s trail to the bottom and parking in the resort’s parking. He had not seen anyone hike to the county property in the winter–it is almost 4 miles from the gate to the property–and it was not a high use cross-country skiing area, but was a safety issue for the resort.
Chair Dearden invited public comments and following is a summary:
Alan Wheelright, of Eden, said that about two weeks ago he had given the exact location of the county’s easement to the resort, which had been working on the assumption that the easement was down in the valley. Mr. Wheelright said that the concept of another trail was a “red herring” (or something to mislead), that the issue could be handled with signage by the resort and closure during avalanche control, that there was no chance for collisions now because the resort had widened that beautiful trail extremely and destroyed it. He did not understand why it was widened and why there had been no public input, it should remain open because it was an access to public property and he hoped some mitigation could occur to make it a beautiful trail again.
Jock Glidden, of Ogden, hiked that Wolf Creek trail for many years. He said this request was essentially to close a public access for commercial interest and other owners could say the same thing and close other areas–not just their land but contiguous land as well just like the resort was trying to do. He opposes this because it is against the public interest.
Marcus Wait, of Ogden, said that every resort uses flip signs for avalanche control, that the uphill traffic contradicted the resort’s existing policy–people are allowed to hike up James Peak with skiers next to them and it is the responsibility of those downhill of another skier to stay out of the way, and the resort’s guided tours would not be colliding with others. He has been there for 10 years and worked as a host and only saw four rescues in that canyon, and there was no rope line blocking off that terrain.
Ron Gleason, of Ogden Valley Pathways, has hiked this easement in non winter months prior to and after the road cuts and is aware of the subject terrain. He is a seasonal employee of Snow Basin and his comments were personal. He asked the Commission to deny this request–this is a public easement and should remain that way–that hiking and snow-shoeing on this easement are valid uses that should continue, and access to the ski area should be handled by the resort with signage and enforcement, but not something the public should be penalized for. He asked if this was an annual request or if it would remain in perpetuity and what would happen if there was no snow and people wanted to hike that area. He expressed concern with granting one closure because the resort might decide to offer nature walks, for example, and because of rain and potential mudslides request another closure of the easement.
Sean Healy, of Eden, stated that public rights-of-way are very important public benefits and this one is well established. What he was hearing from the resort was that they had new economic activity and they could not assure safety and respect for this well established public benefit at the same time. He asked why we were talking of dropping this public right-of-way and assuming this new economic activity will continue. He noted that the Commission was the protector of the public good and should ask how the economic activity needed to be modified to respect the public good and also assure safety. He said that other speakers as well as the commissioners had already suggested using signs at access points so that the economic activity can move forward in a way that does not impinge significantly on the public good, and urged them to consider those suggestions.
John Bingham, of Eden, expressed agreement with others’ statements that it would set a bad precedent to close a public access for the economic benefit of a private entity. He opposed this on the principle that the owners of this property have shown a blatant disregard for the rules that most people work with regarding permits for excavation and permits from the Army Corps of Engineers concerning wetlands, etc., that have been affected by the trail work that has been done to the roadway. He recognizes it is private property but it is a public easement and Weber County has a definite interest and there is a value to the public. Additionally, what the resort has done to affect that easement is not excusable and if there was no economic benefit and anyone else wanted to excavate in the manner that they did, they would have gone through an extensive process to make sure it was done correctly and without a detriment to the natural terrain.
Dan Schroeder, of Ogden, pointed out that he was struck by the audacity of this request–a private landowner who owns land adjacent to public land has announced his intent to set off bombs and deliberately set avalanches that will come onto public land–that he did not believe the resort had a right to simply announce he was going to do that, and that perhaps they could discuss doing that at certain times but not simply announce his intent. Similarly, the resort had announced the intent to conduct commercial guided tours that would cross that section of public land and should not be able to simply tell the county that he was going to do that on the county’s land and the county would have to close it to the public while they did that. He encouraged the Commission to deny the request for the same reasons others had also mentioned. He hikes and snow-shoes the trail which is a wonderful amenity the public has and would lose a lot. The wildlife management area nearby is already closed to the public during the winter for protection of elk habitat and Mr. Schroeder did not want this area also closed on that side of the valley.
Richard Wood, of Huntsville, stated that he has been the night manager since 1987 up there. In 1960 he took County Commissioners to Powder Mountain to see if they would approve the road going to Powder Mountain and the only way to get a CAT from the bottom up at that time was to use that original trail that they had widened and it does not go across the public’s160 acres. He said they have been trying to control it because of people from out of State, that if one skier goes down the trail, several others will follow and he has been out until the early morning hours searching for lost people–it has happened several times/year, and the resort worries about people getting lost, and they must rope off the area.
Steve Clarke, of Eden, who had agreed to represent Kirk Langford because he could not be present, made Mr. Langford’s comments first. Mr. Langford sees this as someone trying to solve problems in their commercial’s best interest at the public’s expense. Speaking for himself, Mr. Clarke, expressed agreement with prior speakers who asked that this request be denied. He asked if this 30 foot strip going up to the 160 acres of public land was an easement and said that he agreed with prior speakers to deny this request. Mr. Pierce responded that it was a right-of-way and the county has rights to go over it. Mr. Clarke said that the resort has the issues of liability and trespassing that they need to resolve and their suggestions about traditional back-country ski access control to restrict unauthorized access were appropriate, however, the public right to use that easement should be protected in all seasons. Since the road has been cut at a great damage to the public’s use of that easement, it seemed appropriate that the county should consider opening discussions with the resort about creating a more legitimate parking. The parking issue is just as important as the trespassing and the resort has a great opportunity to step forward and help the county resolve it.
Robert Fuller, of Eden, put a deed on the overhead projector which described where the road is and said that aerial photos from the 1970's refer to the location of the 30-ft. right-of-way. He said that today the Commission has the opportunity to admonish the resort not to obstruct the public right-of-way or attempt to prohibit the lawful use of the park by the public. Powder Mountain representatives had said that people ski over there and get lost but people are also intimidated off that trail and are told that the trail is at the bottom of the canyon, which it is not. He requested the Commission preserve the public trust and right-of-way and enjoy the 160 acres as they always have. If the resort plans to start avalanches, is their duty to use reasonable care and not injure someone on the public trail. The canyon is only 2.5 miles up to that road and it does not take long to ensure no one is where they will ignite the avalanches and there was no reason not to allow everyone to use the trail. He had heard of closures during the hunting season, now there is talk of closing it during winter and he requested that the trail be left exactly as it is and the way it was intended. He said that in about 2002 the Supreme Court returned the 160 acres to the county–Rulon Jones purchased it in about 1997, the county was sued, and it was sent to the trial court.
Shanna Francis, of Eden, expressed concern about future access until the soil is packed down and the soil is stabilized again–which will be for the next several years–now that the resort has gone in there and tore up the trail. In the Spring it will be a foot of muck because everything is torn up–root systems, etc. She asked the Commission to ask the resort to mitigate the damage that has been done so it can be accessible to the public in the near future. She did not know what would happen in the summer with the dust and large rocks there.
3.Commissioner Bischoff moved to adjourn the public hearing and reconvene the public meeting; Commissioner Zogmaister seconded, all voting aye.
4. Action on public hearings:
From emails that Chair Dearden received it appears there is a sufficient number of people who use that trail and avalanches are an issue for both the public and the resort. He did not believe that closing the pathway would change a lot of the concerns the resort has with trespassing. He was a prior Weber County Sheriff, understood the situation with lost skiers, and liked the resort’s idea of using signs and ropes to help people from going on the back side and getting lost. He saw the potential for a partnership with the resort setting up tours and inviting anyone who skis or lives in the Valley to utilize that tour and ski down, and the resort could assist with keeping the trail groomed. He thought Pathways and the county could step up to assist with this issue. These methods were preferable to him. Commissioner Bischoff agreed with Chair Dearden and opposed taking away the public right-of-way at any time of the year. He wanted the public right-of-way respected, and did not believe in restricting it to accommodate a commercial interest. He believed that both parties could be accommodated on this right-of-way. Commissioner Zogmaister asked if a permit was required before that road was excavated and Curtis Christensen, County Engineer, responded that he did not know if County Planning had any requirements but there should have been a storm water permit that is required through the State (and facilitated through the county) when more than one acre is disturbed and this definitely disturbed more than one acre, and the resort would have to stabilize the area afterwards. Mr. Christensen invited Mr. Greer to go to his office after this meeting. Commissioner Zogmaister said that some had complained that people trespassed and she believed the responsibility lied with the resort with signage, etc., she did not believe in closing a public easement for commercial gain and believed they should step up in that area for safety and liability. She believed there was a way to control the avalanche risk by posting when they would be triggering them and when the area was open again–there was no need to close the trail for any long period of time–that there was way for everyone to utilize the area and she felt that the backcountry guided tours added to the amenities in the area.
Commissioner Bischoff moved to deny the request for a seasonal trail closure at Powder Mountain with the stipulation that the resort meet with Pathways to develop a plan that works for the entities involved, and also to meet with County Engineering to restore the area as much as possible and ensure it is appropriate for all users; Commissioner Zogmaister seconded, all voting aye.
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, December 22, 2009, 10 a.m.
H. Public Comments: None
I. Adjourn
Commissioner Bischoff moved to adjourn at 1:12 p.m.; Commissioner Zogmaister seconded, all voting aye.
Craig L. Dearden, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor